The planning authority is facing legal action over a permit for an apartment complex in Madliena which it was forced to issue by the courts.

Three couples who live in villas neighbouring the complex have filed a suit against the Malta Environment and Planning Authority and the developers, Madliena Village Ltd, claiming the development is taking place in an area designated by planning law as a two-storey villa area.

The authority had actually refused the permit for the development through all its stages, including the appeal, and only gave its go-ahead after the developers won their case for the development in court.

Still, the couples were forced the file the action against Mepa.

They claimed that as well as breaching planning laws, the five-storey complex, which first started being built in November 1999 but remains unfinished, impinges on the legally required six-metre buffer side curtilage.

Legally, each building in the area should allow a curtilage of six metres which means that there should be a distance of 12 metres between buildings. But the complex is just six metres away.

As things stand, the complex invades their privacy, the couples insisted, arguing that the works being carried out by Madliena Village Ltd in terms of the permit issued by Mepa are in violation of their rights. They held that the permits were also issued in violation of Mepa policy and asked the court to order their revocation.

The action was filed on behalf of the couples, Paul and Anna Maria Camilleri, Carmel and Maria Theresa Falzon and Carmelo and Alison Farrugia by Aequitas Legal.